Mohammad Rahees And Anr @APPELLANT@Hash State Of Rajasthan And Ors

 Mohammad Rahees and Irfan petitioners to SBCRLMP No.6484/2017 and Guddi @ Gulfam petitioner to SBCRLMP No.6572/2017 are

neighbours.

An incident occurred on 7.11.2011 in which Mohammad Rahees and Irfan on one side and Guddi @ Gulfam on another side suffered injuries.

Resultantly, two cross cases were registered.

At the instance of Mohammad Rahees, case FIR No.436/2011 was registered at Police Station Kotwali, Jaipur City for offences under Sections 323

and 324 IPC. Subsequently, offence under Section 326 IPC was added. At the instance of Nanna Qureshi, father of Guddi @ Gulfam case FIR

No.435/2011 was registered at Police Station Kotwali, Jaipur City, North, for offences under Sections 143 and 324 IPC. Subsequently, offence under

Section 307 IPC was added.

It is contended that during pendency of the proceedings in the trial court, better sense prevailed upon the neighbours and on intervention of

respectables of society, and relations, parties arrived at compromise and decided to bury their hatchet to bring an end to bad blood between them.

Therefore, both the parties presented compromise before the trial court.

The trial court on the basis of compromise submitted by both the parties, compounded the compoundable offences but rejected the compromise where

Mohammad Rahees and Irfan were accused of offence under Section 307 IPC, even though injured Guddi @ Gulfam had decided not to proceed with

the case.

Similarly, in case where Guddi @ Gulfam was accused, and injuries were caused to Mohammad Rahees and Irfan, offences were compounded by the

trial court qua offences under Sections 323 and 324 IPC, but compromise was rejected qua offence under Section 326 IPC, as the same is non-

compoundable. Resultantly, both the parties by filing separate petitions have approached this Court.

Mohammad Rahees and Irfan have filed SBCRLMP No.6484/2017 praying that impugned FIR No. 435/2011 registered at Police Station Kotwali,

Jaipur for the offences under Sections 341, 324/34 and 307 IPC be quashed. Guddi @ Gulfam has preferred SBCRLMP No.6572/2017 praying that

for grievous injuries caused to Mohammad Rahees and Irfan, impugned FIR No. 436/2011 registered at Police Station Kotwali, Jaipur for offences

under Sections 323, 324 and 326 IPC be quashed.

A co-ordinate Bench on 16.1.2018 directed that the statement of the complainant respondents in both the cross cases be recorded by Dy. Registrar

(Judicial) of this Court. In pursuance of the said order, Dy. Registrar (Judicial) in SBCRLMP No. 6484/2017 has recorded statement of Guddi @

Gulfam on 24.1.2018. The said statement is taken on record. Similarly, Dy. Registrar (Judicial) recorded statement of Ifran and Mohammad Rahees in

SBCRLMP No.6572/2017 and the said statements are also taken on record.

The learned counsel for the parties have jointly prayed that in order to promote amity, harmony and tranquility between the neighbours, this Court

while exercising powers under Section 482 Cr.P.C. should quash both the cross FIRs as no useful purpose will be served.

After hearing the learned counsel for the parties, considering that hour of compromise is finest hour in the life of the parties, especially considering that

parties are neighbour, and in case proceedings are not quashed, another incident may erupt and the prevailing peace may be disturbed, this Court is of

the view that it will be in the interest of justice that both impugned FIRs, i.e. FIR No. 435/2011 registered at Police Station Kotwali, Jaipur for the

offences under Sections 341, 324/34 and 307 IPC and FIR No. 436/2011 registered at Police Station Kotwali, Jaipur for offences under Sections 323,

324 and 326 IPC ought to be quashed.

Consequently, both the petitions SBCRLMP No. 6484/2017 and SBCRLMP No. 6572/2017 are accepted and FIR No. 435/2011 registered at

Police Station Kotwali, Jaipur for the offences under Sections 341, 324/34 and 307 IPC and FIR No. 436/2011 registered at Police Station Kotwali,

Jaipur for offences under Sections 323, 324 and 326 IPCÂ are quashed alongwith all subsequent proceedings.